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(영문) 창원지방법원 2021.02.09 2020고단4123
아동ㆍ청소년의성보호에관한법률위반(음란물소지)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall possess any obscene material with knowledge that it is a child or juvenile pornography.

Nevertheless, at around February 29, 2020, the Defendant: (a) posted a Twitter notice to sell obscene materials with the content of “pares” using his cell phone; and (b) received a sending of F Connection with the content of E-related obscene materials circulated in C (tel : D) by linking the seller with the telegram; and (c) received a forwarding of F Connection with which such obscene materials are posted; and (d) received a child’s obscene materials as shown in the attached list of crimes, as shown in the attached list of crimes.

As a result, the Defendant possessed obscene materials for children and juveniles.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to investigation reports, internal investigation reports, records of seizure and list of seizure;

1. Article 11(5) of the former Act on the Protection of Juveniles from Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) on the Protection of Children and Juveniles from Sexual Abuse (amended by Act No. 1738 of Jun. 2, 2020) applicable to criminal facts

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The proviso to Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse, the proviso to Article 56(1) of the Act on the Welfare of Persons with Disabilities, Article 59-3(1) of the Act on the Welfare of Persons with Disabilities (the following circumstances recognized as recorded: ① the defendant recognizes and reflects the crime of this case; ② the defendant has no record of punishment; ③ the registration of personal information and taking lectures to treat sexual assault can prevent recidivism to a certain extent.

In full view of the defendant's age, occupation, family environment, social relationship, criminal record and risk of re-offending, profits expected by an employment restriction order and its preventive effects, and the disadvantages and side effects resulting therefrom, there are special circumstances that need not restrict employment.

I think)

Sentencing.

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